TAIPEI (Taiwan News) — Constitutional Court justice nominee Hsiao Wen-sheng (蕭文生) emphasized the importance of upholding human rights and constitutional principles during a legislative questioning session on Thursday, while offering his views on several controversial legal and policy issues.
Calling justices the “protectors of the Constitution,” Hsiao underscored that the state’s legitimacy is grounded in its duty to safeguard human rights, per UDN. He reaffirmed the importance of the separation of powers, democratic governance, and the rule of law. Lawmakers from various parties then pressed Hsiao on issues.
TPP Legislator Mai Yu-chen (麥玉珍) questioned Hsiao about the new requirement to livestream court proceedings, per ETtoday. Hsiao responded that while legal reviews are generally open to the public, trials involving determinations of fact are typically not.
Hsiao also expressed concern about applying livestreaming requirements to trials already in progress and recommended a longer transition period before the new rules take full effect.
KMT Legislator Wu Tsung-hsien (吳宗憲) raised concerns about recent cuts to local government grants, questioning whether they undermine local fiscal autonomy, per RTI. Hsiao responded that while the Constitution does not explicitly require grant allocations, administrative precedent and relevant laws suggest that funding should continue as long as central government revenue does not decline.
The question ties into recent amendments to the Act Governing the Allocation of Government Revenues and Expenditures, which reduced the portion of revenue allocated to the central government. The act has long faced criticism for favoring the central government over localities.
DPP lawmaker Lai Jui-lung (賴瑞隆) criticized the legislature’s passage of the amendments, arguing they were pushed through without proper input from the executive branch, per Tai Sounds. Hsiao replied that the power to pass laws rests with the legislature.
Lai countered that, under Taiwan’s semi-presidential system, budget proposals traditionally originate with the executive, and Hsiao’s comment appeared to lean toward a parliamentary interpretation.
Lai also questioned whether recent changes to the Constitutional Court Procedural Act have effectively paralyzed the Constitutional Court. Hsiao acknowledged the concern and suggested creating exceptions that would allow the court to continue functioning even when it lacks the newly required number of justices.
KMT Legislator Weng Hsiao-ling (翁曉玲) pressed Hsiao on the issue of criminalizing contempt of the legislature, citing a Constitutional Court ruling that struck down a previous attempt to legislate such penalties, per ETtoday. Hsiao noted that while countries like the United States criminalize contempt of Congress, he does not support that approach.
Instead, Hsiao argued that penalties should be limited to administrative or internal disciplinary measures and should apply only to civil servants.
When asked what tools legislators can use to address officials who refuse to provide information, Hsiao said the Control Yuan remains the appropriate channel. He added that if the law is revised, the issue could be brought back to the Constitutional Court for a new interpretation.
